Tag Archives: Immigration

Greenberg Traurig’s Nataliya Rymer Presents Immigration Workshop at Northwestern University’s The Garage

On Nov. 9, Nataliya Rymer (Of Counsel, Philadelphia) presented an immigration workshop at The Garage at Northwestern University. The workshop focused on immigration law issues including non-immigrant and immigrant visa options and DACA, and discussed challenges and opportunities for international students, faculty, and staff looking to start or run a business in the United States.… Continue Reading

The White House Releases Immigration Principles & Policies

On Oct. 8, 2017, the White House released the promised Immigration Principles & Policies (Principles & Policies) which outline the Trump Administration’s position on immigration. This document is broken into three parts: 1) Border Security, 2) Interior Enforcement, and 3) Merit-Based Immigration. A summary of each part is broken down below.… Continue Reading

USCIS Approval Notices Cause Confusion due to Inconsistent Validity Periods

USCIS has begun issuing I-797A, Notice of Action Approval Notices containing inconsistent validity periods on the face of the document. Specifically, the top portion of the I-797A approval notices lists the approved visa classification (e.g., H-1B) and the authorized validity period of that visa classification (e.g., from Oct. 1, 2017, to Sept. 11, 2020). The … Continue Reading

New DOS Rule Regarding Misrepresentation – An End to the 30/60 Day Rule

On Sept. 1, 2017, the U.S Department of State (DOS) updated the Field Adjudicators Manual (FAM) at 9 FAM 302.9-4(B)(3).  The Field Adjudicators Manual (FAM) serves to guide consular officers in their adjudications process, and this particular section provides guidance regarding “misrepresentation” by applicants “at the time of visa application or to DHS when applying … Continue Reading

President Signs Bill Including Immigration Measures (Update)

As an update to our recent post late Friday evening, The president signed H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017, making  this important government continuance and public safety measure, incuding important Immigration programs, law. All government functions are continued until Dec. 8 under this law, including … Continue Reading

Attorney General Jeff Sessions Announces the Rescission of DACA

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work … Continue Reading

Denial of Advance Parole Applications Due to International Travel Adversely Impacts U.S. Companies

U.S. Citizenship and Immigration Services (USCIS) is denying Advance Parole (AP) applications when an applicant travels internationally while the application is pending with USCIS.  This represents a big adjudication shift by USCIS, which has for several years allowed certain AP applicants to travel abroad while waiting for USCIS to approve an AP application.  By making … Continue Reading

Greenberg Traurig Attorneys Ian R. Macdonald and Jamie R. Adams Featured in SHRM Online

Jamie R. Adams and Ian R. Macdonald recently published an article in SHRM Online titled, “Immigration Rechecks May Violate the NLRA.” The article discusses I-9 rechecks and the potential for violations of federal labor law, as organizations must satisfy their obligations to comply with both the Immigration Reform and Control Act of 1986 (IRCA) and … Continue Reading

2017 AILA PERM/H-2B Practice Conference – Prevailing Wage Issues: Being Proactive Pays Off!

On August 18, 2017, Rosanna Fox, shareholder in the Immigration & Compliance Practice, spoke on a panel at the 2017 AILA PERM/H-2B Practice Conference, hosted by the American Immigration Lawyers Association, in Seattle, WA. The discussion was entitled “Prevailing Wage Issues: Being Proactive Pays Off!” In most PERM cases, obtaining the prevailing wage is the … Continue Reading

Emerging Trends: USCIS Challenging Level 1 Wages and Computer Programmer Occupational Classification for H-1B Petitions

Over the past several months, some trends have developed which pose challenges for employers taking part in the H-1B program: 1. the United States Citizenship and Immigration Service (USCIS) is issuing Requests for Evidence (RFEs) for H-1B petitions that challenge the H-1B position’s level 1 prevailing wage classification, the lowest permitted wage level for H-1B filings; … Continue Reading

USCIS Posts Comprehensive Reports Containing H-1B and EAD Data

Under the heading “Transparency for U.S. Workers,” the U.S. Citizenship and Immigration Services (USCIS) uploaded five reports today containing comprehensive data regarding its H-1B and Employment Authorization Documents (EAD) adjudications. The H-1B reports “provide information about the hiring practices of employers who petition for foreign national workers.” The H-1B trend report contains statistics about the H-1B program … Continue Reading

USCIS Releases New Edition of I-9 and Handbook for Employers

On July 17, 2017, United States Citizenship and Immigration Service (USCIS) released a new Form I-9, Employment Eligibility Verification.  The new Form I-9 contains minor changes to the instructions and list of acceptable documents.  More specifically, the instructions now reflect the Office of Special Counsel for Immigration-Related Unfair Employment practice’s new name, Immigrant and Employee … Continue Reading

GT Immigration Attorneys Recognized in Legal 500 United States 2017 Guide

Greenberg Traurig’s Immigration & Compliance Practice has been recognized by The Legal 500 United States 2017 Guide (Guide) in the area of “Labor and Employment – Immigration.”  GT immigration attorneys Laura Reiff, Kate Kalmykov, Ian Macdonald, Pamela Mak, and Martha Schoonover have once again been recommended by The Legal 500 United States 2017 editorial.  The Guide … Continue Reading

Supreme Court of the United States Partially Lifts Injunctions from Travel Ban – Implications for Foreign Nationals

As previously reported, the Supreme Court of the United States lifted the injunctions that were granted by the Fourth and Ninth Circuits after President Trump issued his second Executive Order mandating a temporary travel ban. This means that the second Executive Order (EO) is now in effect as of June 29. The injunctions for the … Continue Reading

Greenberg Traurig’s Laura Reiff and Kate Kalmykov Recognized by Human Resource Executive, Lawdragon

Greenberg Traurig’s Laura Reiff and Kate Kalmykov were recently recognized by Human Resource Executive, in a report researched by the Lawdragon organization for their work in immigration law. For the seventh consecutive year, the “Nation’s 20 Most Powerful Employment Attorneys – Immigration” list includes Laura Foote Reiff and a first time appearance in the publication’s list … Continue Reading

Greenberg Traurig’s Rebecca Schechter Presented at the Council for Global Immigration 2017 Symposium

Rebecca Schechter, Of Counsel in the Business Immigration and Compliance Practice at global law firm Greenberg Traurig, LLP, recently participated in the Council for Global Immigration (CFGI) 2017 Symposium in Arlington, VA. Rebecca spoke on the panel, “Handling Difficult Immigration Conversations in the Corporate Environment,” which addressed immigration issues related to hiring and green card … Continue Reading

Proposed California Law Would Increase Employer Responsibilities When Faced With Immigration Worksite Enforcement Actions

In response to the Trump administration’s stance on immigration enforcement, California is considering legislation (Assembly Bill 450 (Chiu)) which would prohibit employers from providing federal immigration officials with access to nonpublic areas of the workplace without a judicial warrant. While aiming to provide new protections to workers, the bill’s broad language does not eliminate any employer … Continue Reading

USCIS Adopts Policy Clarifying Eligibility Criteria for U.S. Master’s Degree H-1B Cap

On May 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) adopted as official policy the Administrative Appeals Office’s (AAO’s) decision in Matter of A-T-Inc. Specifically, USCIS announced that to be eligible for the H-1B U.S. master’s cap, an individual must have earned a U.S. master’s degree from a school that qualified as a “U.S. … Continue Reading

U.S. Department of Labor Extends Time for Employers to Confirm PERM Labor Certification Sponsorship

The U.S. Department of Labor Office of Foreign Labor Certification (OFLC) has recently modified the deadline by which employers must confirm sponsorship of a PERM Labor Certification Application (PERM). When an employer submits a PERM application OFLC sends an email back to the employer asking it to verify that it actually intended to file the … Continue Reading

Fourth Circuit Upholds Nationwide Injunction on President Trump’s Revised Travel Ban

On Thursday, May 25, the U.S. Court of Appeals for the Fourth Circuit, in an en banc decision, affirmed a nationwide preliminary injunction on President Trump’s revised travel ban that was issued March 16, 2017, by a U.S. District Court judge in Maryland. President Trump’s new executive order (EO), “Protecting the Nation from Foreign Terrorist … Continue Reading

Greenberg Traurig Attorneys Attend Ayuda’s 44th Anniversary Celebration

Michael Sklaire (Litigation), Martha Schoonover (Immigration), Rebecca Schechter (Immigration), Kristen Ng (Immigration) and Tom McKee (Litigation) attended Ayuda’s 44th Anniversary Celebration at the Microsoft Innovation & Policy Center in downtown Washington, D.C. This year, Michael Sklaire sits on the board. Congressman Jamie Raskin (D-MD), Maryland State Delegate David Moon, D.C. Councilmembers David Grosso and Brianne … Continue Reading

USCIS to Begin Issuing Redesigned ‘Green Cards’ Starting May 1, 2017

U.S. Citizenship and Immigration Services (USCIS) announced on April 19, 2017 that the agency will begin issuing revamped Permanent Resident Cards (commonly referred to as “green cards”) and Employment Authorization Documents (EAD Cards) as a part of the Next Generation Secure Identification Document Project,  a multi-agency initiative aimed at modernizing security measures through advanced biometrics technologies. … Continue Reading
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